In Nigeria, having a home is the dream of every individual and it is a symbol of achievement. This is why losing such homes to demolition, as some people are experiencing in Lagos state after notice to vacate following such structures being marked for demolition by government, is like a death sentence to many.
Following the spate of demolition in major cities across Nigeria in recent times, many have asked if the government has the legal powers to demolish people’s buildings and why the government can do this.
Under the law across states in Nigeria, government may demolish properties for many reasons including construction of building without required approval and an approval plan that complies with building laws and codes, constructing on land that is under government acquisition, if the building is distressed, structurally unsound and a threat to residents or when government acquires the property for development projects in the interest of common good.
However, while the provisions of Section 44 of the 1999 constitution allows government to acquire properties belonging to citizens to be used for projects aimed at catering for the welfare of the general public, the government is required by law to pay compensation to the individuals whose land they acquire.
As a result, individuals must protect themselves legally as an intending property owner by conducting necessary searches to confirm the title of the person from whom you are purchasing the property and also confirm the validity of any title document or approval provided
If you are constructing a building on your land, ensure that you obtain the necessary permits to do so and seek the expert opinions of qualified real estate consultants or your lawyer.
Are there legal remedies if your property is demolished? Yes. However, this is dependent on certain factors. If a person’s house is demolished by the government as a result of his failure to follow due process in acquiring the land or constructing a building, he may not have any recourse in law except he was deceived into purchasing the property despite having done reasonable due diligence.
In addition, the law requires the government to issue notice informing occupants of a building that it has been marked for demolition within reasonable time but when the government fails to issue a notice before embarking on demolition, the aggrieved residents can sue for wrongful demolition and they may be entitled to damages.
When government acquires properties without issuing compensations as required by law, the citizens can rightfully commence an action against the government.
Also, when an expert gives false information that makes an individual acquire a problematic land or constructing a building on wrong land, the client can bring an action for the loss of his property against the expert for the wrong advice.
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